Judge says victim statements make ‘no difference’ – Daily Telegraph

Posted August 5th, 2014 in judges, news, parole, victims by sally

‘Judge apologises for comments overheard by bereaved family at a parole hearing but insists their statements cannot affect judgements over prisoners’ risk.’

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Daily Telegraph, 5th August 2014

Source: www.telegraph.co.uk

Evidence during FOI disputes can be provided in secret, rules Court of Appeal – OUT-LAW.com

‘Public bodies defending a decision to withhold information requested under freedom of information (FOI) laws can submit evidence to an information rights tribunal in secret, the Court of Appeal has ruled.’

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OUT-LAW.com, 4th August 2014

Source: www.out-law.com

Teenager jailed for life for beating engineer to death in unprovoked cocaine-fuelled attack – Daily Telegraph

Posted August 5th, 2014 in drug abuse, murder, news, sentencing, young offenders by sally

‘Teenager is jailed after he beat an engineer to death while his friend filmed attack on her iPhone.’

Full story

Daily Telegraph, 4th August 2014

Source: www.telegraph.co.uk

Activists complain to IPCC over police efforts to recruit them as informers – The Guardian

Posted August 5th, 2014 in complaints, demonstrations, informers, intimidation, news, police by sally

‘Four campaigners have lodged a complaint with an official watchdog, alleging that they felt intimidated by covert police officers who were trying to persuade them to spy on their political colleagues.’

Full story

The Guardian, 4th August 2014

Source: www.guardian.co.uk

Two men convicted for possessing extreme ‘WhatsApp porn’ that wasn’t viewed – The Independent

Posted August 5th, 2014 in guilty pleas, news, pornography, telecommunications by sally

‘Two men have been convicted for having “truly disgusting” pornographic images on their mobile phones, sent to them through the WhatsApp messaging service, though one claimed he didn’t watch what he was sent.’

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The Independent, 4th August 2014

Source: www.independent.co.uk

Riot damages reforms are questioned by insurers – BBC News

Posted August 5th, 2014 in compensation, criminal damage, insurance, news, police, violent disorder by sally

‘Insurers have warned that proposed changes to the Riot Damages Act could lead to higher premiums or reduce access to insurance.’

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BBC News, 5th August 2014

Source: www.bbc.co.uk

IG Index Ltd v Cloete – WLR Daily

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Innes v Information Commissioner and another – WLR Daily

Innes v Information Commissioner and another [2014] EWCA 1086; [2014] WLR (D) 358

‘Under section 11(1) of the Freedom of Information Act 2000 a claimant requesting information under section 1(1) of the 2000 Act was entitled to stipulate what software format should be used when the information sought was provided to him.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania – WLR Daily

Posted August 4th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania [2014] EWHC 2528 (Admin); [2014] WLR (D) 356

‘Where there was a real likelihood that a prisoner would serve a sentence in personal space of less than three metres, a serious issue of breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms arose, without the need for other aggravating features and despite the good faith of the Government in seeking to address a problem of historic inadequacy in the prison estate.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Regina (Buer) v Secretary of State for the Home Department – WLR Daily

Posted August 4th, 2014 in EC law, freedom of movement, law reports, treaties by sally

Regina (Buer) v Secretary of State for the Home Department [2014] EWCA Civ 1109; [2014] WLR (D) 359

‘Article 13 of Decision No 1/80 adopted under the Agreement establishing an Association between the European Economic Community and Turkey did not apply to Turkish workers who were already sufficiently integrated into the work force of the host member state to enjoy rights under article 6(1) of the Decision.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Regina (Maries) v Merton London Borough Council – WLR Daily

Regina (Maries) v Merton London Borough Council [2014] EWHC 2689 (Admin); [2014] WLR (D) 357

‘In exercising the power to appropriate land under section 122(1) of the Local Government Act 1972, the statutory question that had to be determined was whether the land remained, or was no longer, required for a particular purpose, meaning no longer needed in the public interest of the locality for that purpose. That was a question for the local authority and not the court, subject to principles of Wednesbury reasonableness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

When is Same-Sex Parenting a Private Fostering Arrangement? – Family Law Week

Posted August 4th, 2014 in children, fostering, homosexuality, local government, news by sally

‘Kate Tompkins, barrister, of 36 Bedford Row considers the implications of private fostering arrangements in respect of children born to same-sex couples.’

Full story

Family Law Week, 31st July 2014

Source: www.familylawweek.co.uk

Ifejika v Ifejika – another case about design rights and contact lenses – NIPC Law

Posted August 4th, 2014 in appeals, damages, intellectual property, news by sally

‘In Ifejika v Ifejika and another [2011] EWPCC 31 (23 Nov 2011) His Honour Judge Birss QC (as he then was) ordered among other things an inquiry (or alternatively, by implication, an account) in relation to a lens care product the design rights in which he held to have been infringed by the claimant’s brother by of a competing product. The claimant elected an account of profits and this came on before HH Judge Hacon on 17 June 2014 (Ifejika v Ifejika and another [2014] EWHC 2625 (IPEC) (31 July 2014)).’

Full story

NIPC Law, 3rd August 2014

Source: www.nipclaw.blogspot.co.uk

The quasi-trust – The Barristers’ Hub

‘As every student of equity knows well, a trust is a type of property ownership in which one or more people (the trustee(s)) hold property on behalf of one or more other people (the beneficiary/ies), exercise all the powers of an owner of property in relation to third parties, but are bound to do so for the exclusive interests of the beneficiaries. A trust can be express, made by a formal written implement, or implied, either by transfer of property without explanation (a resulting trust) or in circumstances where the common intention of the parties is or is deemed to be for the property to be held on trust (a constructive trust). Both express and implied trusts are genuine trusts: the property is owned by the trustee, subject to the interest of the beneficiaries.’

Full story

The Barristers’ Hub, 1st August 2014

Source: www.barristershub.co.uk

BAILII: Recent Decisions

Posted August 4th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Grace, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1091 (09 June 2014)

Rotherham Borough Council & Ors, R (on the application of) v The Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080 (28 July 2014)

High Court (Queen’s Bench)

Mitchell v News Group Newspapers Ltd [2014] EWHC 2615 (QB) (28 July 2014)

Sunrise Brokers LLP v Rodgers [2014] EWHC 2633 (QB) (29 July 2014)

St Christopher School (Letchworth) Ltd v Schymanski & Anor [2014] EWHC 2573 (QB) (30 July 2014)

Smith v Bailey [2014] EWHC 2569 (QB) (28 July 2014)

Knauer v Ministry of Justice [2014] EWHC 2553 (QB) (24 July 2014)

Daniel v Secretary of State for the Department of Health [2014] EWHC 2578 (QB) (28 July 2014)

High Court (Chancery Division)

Walsh & Ors v Needleman Treon (A Firm) & Ors [2014] EWHC 2554 (Ch) (25 July 2014)

High Court (Administrative Court)

Krusinina v Prosecutors General Office of the Republic of Latvia [2014] EWHC 2509 (Admin) (23 July 2014)

Professional Standards Authority for Health And Social Care v General Pharmaceutical Council & Anor [2014] EWHC 2521 (Admin) (23 July 2014)

High Court (Family Division)

P v D & Ors [2014] EWHC 2355 (Fam) (24 July 2014)

AL v DA [2014] EWHC 2632 (Fam) (09 July 2014)

High Court (Technology and Construction Court)

O’Rourke Construction Ltd v Healthcare Support (Newcastle) Ltd & Ors [2014] EWHC 2595 (TCC) (28 July 2014)

High Court (Commercial Court)

Tchenguiz & Ors v The Serious Fraud Office [2014] EWHC 2597 (Comm) (28 July 2014)

High Court (Patents Court)

Actavis Group PTC EHF & Anor v Pharmacia LLC [2014] EWHC 2611 (Pat) (24 July 2014)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted August 4th, 2014 in legislation by sally

The Civil Proceedings Fees (Amendment No. 3) Order 2014

The Civil Procedure (Amendment No. 6) Rules 2014

The Inheritance and Trustees’ Powers Act 2014 (Commencement) Order 2014

The Electricity Market Reform (General) Regulations 2014

The Contracts for Difference (Allocation) Regulations 2014

The Electricity Capacity Regulations 2014

The Contracts for Difference (Definition of Eligible Generator) Regulations 2014

The Green Deal (Qualifying Energy Improvements) (Amendment) Order 2014

The Local Audit (Delegation of Functions) and Statutory Audit (Delegation of Functions) Order 2014

The Judicial Appointments and Discipline (Addition of Office) Order 2014

The Port Security (Port of Rosyth) Designation Order 2014

The Data Retention Regulations 2014

The Contracts for Difference (Standard Terms) Regulations 2014

The Pensions Act 2011(Consequential and Supplementary Provisions) Regulations 2014

The Immigration Act 2014 (Commencement No. 2) Order 2014

The Public Bodies (Abolition of Food from Britain) Order 2014

The Armed Forces Act (Continuation) Order 2014

The European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Mongolia) Order 2014

The Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Individual Protection 2014 Notification) Regulations 2014

The Provision of Services (Amendment) Regulations 2014

The Tax Credits (Settlement of Appeals) Regulations 2014

The Judicial Discipline (Prescribed Procedures) Regulations 2014

Source: www.legislation.gov.uk

Register your s.13 notices – NearlyLegal

Posted August 4th, 2014 in amendments, appeals, enfranchisement, housing, leases, news by sally

‘The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13, Leasehold Reform, Housing and Urban Development Act 1993.’

Full story

NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

Solicitor was ‘employee’ and not partner, High Court rules – Law Society’s Gazette

‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’

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Law Society’s Gazette, 1st August 2014

Source: www.lawgazette.co.uk

Church faces legal challenge after blocking job offer to married gay priest – The Guardian

‘The first priest to marry his same-sex partner is to issue a legal challenge to the Church of England after his offer of a job as an NHS chaplain was withdrawn when his bishop refused the necessary permission.’

Full story

The Guardian, 4th August 2014

Source: www.guardian.co.uk

Jamie McMahon murder: Pair jailed over churchyard killing – BBC News

Posted August 4th, 2014 in murder, news, robbery, sentencing by sally

‘Two men who kicked a snooker club worker to death in a Northampton churchyard have been jailed for life.’

Full story

BBC News, 1st August 2014

Source: www.bbc.co.uk